§ 8-123. Towing charges.

(a)

For purposes of this section, a vehicle is towed "without the consent of the vehicle owner" whenever the vehicle is towed as a nonconsent tow as defined in section 8-101 of this chapter, is a wrecked vehicle on a freeway, regardless of location, a stalled vehicle in a moving lane on a freeway, or a tow directed by a law enforcement officer; provided that this phrase shall not include a tow performed by a tow operator described in section 8-103(c)(3) of this Code.

(b)

Whenever a vehicle is towed without consent of the vehicle owner, the service charge for a tow not requiring the use of a heavy-duty wrecker shall not exceed the amount established pursuant to subsection (d). This charge shall be applicable whether the vehicle is to be towed from public or private property.

(c)

Whenever a vehicle is towed without consent of the vehicle owner, and the use of a heavy-duty wrecker is required due to the size or condition of the motor vehicle, the fee for the tow shall be no more than the amount per hour established pursuant to subsection (d) with a minimum charge of two hours to be assessed without regard to the actual time expended. The hourly rate shall be determined by starting the time charges when the heavy-duty wrecker leaves to report to the police scene and shall be stopped when the actual towing job is completed. The time going to the police scene may be included in the charges, but the time used to return shall not be included in the charges. The hourly rate established pursuant to subsection (d) does not apply to recovery services, a fee for which may also be reasonably imposed.

The law enforcement officer in charge of a police scene shall have authority to summon a heavy-duty wrecker when in his opinion such equipment is required. The vehicle owner of the vehicle whose car is serviced by a heavy-duty wrecker called by the investigating officer shall be responsible for any and all charges that result from such heavy-duty wrecker service.

(d)

The rates referred to in subsections (b) and (c), above, shall be established in accordance with the following process:

(1)

A rate review for auto wreckers, including heavy-duty wreckers, may be initiated by request of any tow operator that performs nonconsent tows in the city. Any such request must be made in writing to the director of administrative and regulatory affairs. Upon receipt of a request for a rate review, the director shall prepare an estimate of the administrative cost of the rate review, and if the tow operator determines to proceed with the rate review, the tow operator shall submit a cashier's check to the director in an amount equal to the estimated administrative cost. The rate review shall be conducted in accordance with procedures established for that purpose by the director. Without limitation, the director may select a representative group of auto wrecker owners and request that they provide verified financial data and vehicle-operating data regarding their operating costs and return on investment for use as a basis in conducting the review. Following receipt and review of the required data, the director shall make a recommendation to city council whether any rate change is justified, and, if so, the amount of the recommended increase or decrease. If a rate change is recommended to the city council, then the city council or a committee of city council shall conduct a hearing before adopting any increase or decrease. The increase or decrease may be adopted by motion and shall be effective on the first day of the next calendar year.

(2)

Except for years in which a rate adjustment adopted by city council under item (1) will take effect, the director shall adjust the rates effective January 1 of each year, based upon a weighted blend of the following indices with one-half attributed to the percentage increase or decrease in the Consumer Price Index, All Urban Consumers, All Items, United States average, and one-sixth each attributed to the percentage increase or decrease in:

a.

Consumer Price Index, All Urban Customers (CPI-U), U.S. City Average, Motor Vehicle Maintenance & Repair;

b.

Consumer Price Index, All Urban Customers (CPI-U), U.S. City Average, Vehicle Insurance; and

c.

Consumer Price Index, All Urban Customers (CPI-U), Houston-Galveston-Brazoria Average, Gasoline;

all as published by the U. S. Department of Labor. The adjustment shall be based upon the most current data available on November 15, shall be rounded to the nearest increment of $0.50 cents and shall be effective on the following January 1. Notice of the adjusted rates shall be published one time in a daily newspaper of general circulation within the city and filed in the city secretary's office on or about December 1. The director may establish and promulgate regulations relating to the adjustment process.

(e)

When a vehicle is received by a storage lot and fees are collected, an additional fee stated for this provision in the city fee schedule shall be collected and remitted to the police department to defray the costs of enforcement of complaints related to police private storage lot agreements and other costs associated with the towing of a vehicle without the consent of the vehicle owner. The time and method of remittance of the additional fee prescribed in this subsection shall be established by the police department so as to make the transfer of funds as close to the date and time of the release of the vehicle from the storage as is practical or possible. The time and method of remittance may include the electronic transfer of funds at the time of the release of the vehicle or at a later time as specified by the police department. This subsection does not apply to a vehicle submitted for auction.

(f)

If the vehicle owner is present when an auto wrecker is attempting to tow a vehicle, and the vehicle owner does not desire the vehicle to be towed, no charge shall be made, and the vehicle owner shall be allowed to take possession of the vehicle if the vehicle has not been hooked up by the auto wrecker. If the motor vehicle has been lawfully hooked up to the auto wrecker, but not towed from the scene, the vehicle shall be released to the vehicle owner upon payment of one-half the regular auto wrecker fee. This section shall not apply where the vehicle owner is unable to remove the vehicle from the scene immediately if the vehicle were released to the vehicle owner.

(g)

The towing of a vehicle and a trailer being towed by the vehicle shall constitute two separate tows and shall require the removal of both the vehicle and the trailer to the same licensed storage facility, unless otherwise authorized by a law enforcement officer.

(Ord. No. 04-497, § 3, 5-26-04; Ord. No. 05-1271, § 6, 9-22-05; Ord. No. 08-52, § 34, 1-16-08, eff. 1-26-08; Ord. No. 09-631, § 2, 6-30-09; Ord. No. 2010-1016, § 2, 12-15-2010; Ord. No. 2011-1012, § 6, 11-30-2011, eff. 1-1-2012; Ord. No. 2011-1168, § 13, 12-14-2011)